Final provisions
52Interpretation
In this Act—
“aquaculture” means the breeding, rearing, growing or cultivation of—
- a
any fish or other aquatic animal,
- b
seaweed or any other aquatic plant, or
- c
any other aquatic organism;
- a
“aquaculture activities” means any of the following (whether or not carried out in the course of a business or employment)—
- a
aquaculture;
- b
harvesting aquaculture organisms;
- c
operating vessels for harvesting or processing aquaculture organisms;
- d
storing or transporting aquaculture organisms;
- e
loading and unloading aquaculture organisms;
- f
processing aquaculture organisms;
- a
“aquaculture organism” means an aquatic organism resulting from aquaculture;
“the baselines” means the baselines established by the Territorial Sea (Baselines) Order 2014 (S.I. 2014/1353);
“British fishing boat” means a fishing boat—
- a
which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995,
- b
which is British-owned, or
- c
which is registered under the law of Jersey, Guernsey or the Isle of Man;
- a
“British-owned” means owned by—
- a
a person who is for the purposes of Part 2 of the Merchant Shipping Act 1995 a person qualified to own a British ship, or
- b
two or more persons any one of whom is for those purposes a person so qualified;
- a
“bycatch” means—
- a
fish that are caught in the course of fishing for fish of a different description, or
- b
animals other than fish that are caught in the course of fishing;
- a
“catch quota” has the meaning given by section 23(5)(a);
“a charging scheme” has the meaning given by section 28(1);
“commercial aquaculture activities” means—
- a
any aquaculture activity carried out in the course of a business or employment;
- b
selling aquaculture organisms (whether wholesale or retail);
- a
“commercial fish activities” means—
- a
any fish activity carried out in the course of a business or employment;
- b
selling fish or fish products (whether wholesale or retail);
- a
“commercial fish or aquaculture activities” means commercial fish activities or commercial aquaculture activities;
“the Common Fisheries Policy Regulation” means Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy;
“effort quota” has the meaning given by section 23(5)(b);
“English fishing boat” means a fishing boat—
- a
which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and
- b
whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging;
- a
“English sea fishing licence” means a licence granted under section 15 in respect of an English fishing boat;
“fish” includes shellfish;
“fish activities” means any of the following (whether or not carried out in the course of a business or employment)—
- a
catching fish;
- b
operating vessels for catching or processing fish;
- c
transporting fish or fish products;
- d
loading and unloading fish or fish products;
- e
processing fish;
- a
“fish and aquaculture activities” means fish activities and aquaculture activities;
“fisheries management plan” has the meaning given by section 2(6);
“the fisheries objectives” has the meaning given by section 1(1);
“the fisheries policy authorities” means—
- a
the Secretary of State,
- b
the Scottish Ministers,
- c
the Welsh Ministers, and
- d
the Northern Ireland department;
- a
“fishery products” means—
- a
fish or other aquatic organisms resulting from fishing or aquaculture, or
- b
products derived from aquatic organisms within paragraph (a);
- a
“fishing boat” means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing;
“foreign fishing boat” means a fishing boat which is not a British fishing boat;
“home port”, in relation to a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, means the port specified in the boat's entry in that register as the port to which the boat is to be treated as belonging;
“inland waters” has the meaning given by section 221(1) of the Water Resources Act 1991;
“inter-branch organisation” means an organisation established under Article 11 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council and recognised in accordance with Section 2 of Chapter 2 of that Regulation;
“international obligation of the United Kingdom” includes any obligation that arises or may arise under an international agreement or arrangement to which the United Kingdom is a party;
“JFS” means a joint fisheries statement;
“joint fisheries statement” has the meaning given by section 2(1);
“the marine and aquatic environment” includes—
- a
the natural beauty or amenity of marine or coastal areas, or of inland waters or waterside areas,
- b
features of archaeological or historic interest in those areas, and
- c
flora and fauna which are dependent on, or associated with, a marine or coastal, or aquatic or waterside, environment;
- a
“marine stocks” means stocks of available and accessible living marine aquatic species, including anadromous and catadromous species during their marine life;
“master”, in relation to a fishing boat, includes the person for the time being in command or charge of the boat;
“maximum sustainable yield” means the highest theoretical equilibrium yield that can be continuously taken on average from a marine stock under existing environmental conditions without significantly affecting the reproduction process;
“mile” means an international nautical mile of 1,852 metres;
“minimum conservation reference size”, in relation to an aquatic organism, means the size of a member of the species of which the organism is a member, at the level of maturity of that organism, below which capture or retention is prohibited or restricted;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);
“Northern Ireland” and “the Northern Ireland zone” have the same meaning as in the Northern Ireland Act 1998 (see section 98(1) and (8) of that Act);
“the Northern Ireland department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
“Northern Ireland fishing boat” means a fishing boat—
- a
which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and
- b
whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
- a
“primary legislation” means—
- a
an Act of Parliament,
- b
an Act of the Scottish Parliament,
- c
a Measure or Act of Senedd Cymru, or
- d
Northern Ireland legislation;
- a
“processing”, in relation to fish or any other aquatic organism, includes preserving or preparing the organism, or producing any substance or article from it, by any method for human or animal consumption;
“producer organisation” means an organisation established under Article 6 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council and recognised in accordance with Section 2 of Chapter 2 of that Regulation;
“Scotland” and “the Scottish zone” have the same meaning as in the Scotland Act 1998 (see section 126(1) and (2) of that Act);
“Scottish fishing boat” means a fishing boat—
- a
which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and
- b
whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
- a
“sea fish” means fish of any kind found in the sea;
“sea fishing licence” has the meaning given by section 18(1);
“sea fish licensing authority” means—
- a
the Scottish Ministers,
- b
the Welsh Ministers,
- c
the Northern Ireland department, or
- d
the Marine Management Organisation;
- a
“Secretary of State fisheries statement” has the meaning given by section 4(4);
“sensitive species” means—
- a
any species of animal or plant listed in Annex II or IV of Directive 92/43/EEC of the Council of the European Communities on the conservation of natural habitats and of wild flora and fauna (as amended from time to time),
- b
any other species of animal or plant, other than a species of fish, whose habitat, distribution, population size or population condition is adversely affected by pressures arising from fishing or other human activities, or
- c
any species of bird;
- a
“shellfish” includes molluscs and crustaceans of any kind found in the sea or inland waters;
“SSFS” means a Secretary of State fisheries statement;
“subordinate legislation” means an instrument made under primary legislation or under F1assimilated direct legislation;
“sustainable level”, in relation to a marine stock, means a level of that stock above biomass levels capable of producing maximum sustainable yield;
“UK fishing boat” means a fishing boat—
- a
which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or
- b
which is British-owned;
- a
“Wales” and “the Welsh zone” have the same meaning as in the Government of Wales Act 2006 (see section 158(1) and (3) of that Act);
“Welsh fishing boat” means a fishing boat—
- a
which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and
- b
whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.
- a